A legal-realist assessment of the Zimbabwean correctional system response to COVID-19 during state disaster measures

Abstract

Purpose The first prison system case in Zimbabwe was notified in July 2020 shortly after State declaration of disaster. A legal-realist assessment was conducted of the Zimbabwean correctional system response to COVID-19 during state disaster measures, with a focus on assessing right to health, infectious disease mitigation and the extent to which minimum state obligations complied with human and health rights standards. Design/methodology/approach The Zimbabwean correctional system operations during COVID-19 disaster measures are scrutinized using a range of international, African and domestic human rights instruments in relation to the right to health of prisoners. This study focused particularly on standards of care, environmental conditions of detention and right of access to health care. Findings Systemic poor standards of detention are observed, where prisoners experience power outages, water shortages and a lack of access to clean drinking water and water for ablution purposes, a severe lack of safe space and adequate ventilation, poor quality food and malnutrition and a lack of sufficient supply of food, medicines, clothing and bedding. Whilst access to health care of prisoners in Zimbabwe has greatly improved in recent times, the standard of care was severely stretched during COVID-19 due to lack of government resourcing and reliance on non-governmental organisation and faith-based organisations to support demand for personal protective equipment, disinfection products and medicines. Originality/value Prison conditions in Zimbabwe are conducive to chronic ill health and the spread of many transmissible diseases, not limited to COVID-19. The developed legal-realist account considers whether Zimbabwe had a culture of respect for the rule of law pertinent to human and health rights of those detained during COVID-19 disaster measures, and whether minimum standards of care were upheld.

Using COVID-19 to Address Environmental Threats to Health and Leverage for Prison Reform in South Africa, Malawi and Zimbabwe

“…The continued flow of human traffic into and out of prisons in South Africa, Malawi and Zimbabwe exacerbated all efforts to mitigate disease via disinfection, sanitation and PPE measures. Arrests and detention for breaches of COVID-19 restrictions, continued committals despite state prison release schemes, the mixing of pre-trial and sentenced prisoners, Downloaded from https://academic.oup.com/jhrp/advance-article/doi/10.1093/jhuman/huac050/6855703 by guest on 02 December 2022 lengthy pre-trial and pre-deportation detention periods was documented in all three countries (Van Hout and Wessels 2021a;Van Hout et al 2022a;Van Hout et al 2022b). Standards of environmental health in so doing were compromised despite the best efforts of prison officials and prison medical staff.…”

“…Prison insecurity was also observed in Zimbabwe, where recently released prisoners including political activists and journalists who had experienced malicious criminal prosecutions, described a range of human rights violations (arbitrary solitary confinement, denial of the right to a fair trial, access to justice and adequate standards of detention) (Chingano 2020;USSD 2020b;Van Hout et al 2022a;2022b). Deliberate exposure to COVID-19 disease by denial of segregation of those with symptoms was also reported in the case of political activists and journalists (Chinowaita 2020;USSD 2020b).…”

“…Due to the severe congestion, many prisons in South Africa, and especially in Zimbabwe and Malawi did not provide the bare minimum floor space set by the CAT at four square meters per person in a communal cell, which could be declared by courts as cruel or degrading (Steinberg 2005). Reports of prisoners sleeping 10-30cm apart in Malawi and Zimbabwe, 23-and 24-hour cell lockdowns (including with sick prisoners) and solitary confinement practices (particularly South Africa) was documented in all three countries (Van Hout and Wessels 2021a;Van Hout et al 2022a: 2022b. Little information was released around efficacy of prison release schemes.…”

“…By 26 May 2020, prisons in Algeria, Cameroon, Sierra Leone, Ghana, Guinea, Egypt, Democratic Republic of Congo, Morocco, South Africa and Kenya reported detection of COVID-19 cases among staff and/or prisoners (Prison Insider, 2020). Many African states did not make their prison system COVID-19 detection data publicly available, and there is little transparency to date on the operationalization of prisoner release schemes (actual numbers and types of prisoners released) across the continent (DLA Piper 2020;Muntingh 2020;Van Hout et al 2022a: 2022b.…”

Cardiovascular disease in Sub-Saharan African prisons: a scoping review

“…The adverse impact of these poor conditions on imprisoned populations’ health will have been compounded by the COVID-19 pandemic, which presented substantial challenges for prison authorities in Sub-Saharan Africa (Muntingh, 2020; Van Hout, 2020a, 2020b; Van Hout and Wessels, 2021; Van Hout et al , 2022; Van Hout, 2022; Jumbe et al , 2022; Mhlanga-Gunda et al , 2022). Although the mortality and infection rates were ultimately lower than expected (Lawal, 2021), high numbers of asymptomatic cases and seroprevalence levels (Usuf and Rosa, 2021) could lead to future increases in cardiovascular-related morbidity and mortality.…”